Justice to Wash. state: Pot still illegal under federal law

On the eve of marijuana becoming legal in Washington state, the Justice Department warned that the possession, growing or use of the drug remains illegal under federal law.

“Regardless of any changes in state law, including the change that will go into effect on Dec. 6 in Washington state, growing, selling or possessing any amount of marijuana remains illegal under federal law,” said a statement issued by the U.S. Attorney’s Office in Seattle on Wednesday evening.

Voters in Washington state and Colorado approved ballot initiatives last month that decriminalized the possession of up to an ounce of marijuana by adults. The Washington state law goes into effect Thursday and Colorado’s law will change in the coming weeks.

Authorities in both states have already started dismissing hundreds of misdemeanor cases and retraining state and local police for dealing with the change.

The Justice Department position sets up a potential court fight between the federal government and the states.

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Legalized marijuana in Seattle

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A crowd took to their bongs and joints under the iconic Space Needle after a legalization measure approved by voters took effect in Washington state, although federal law still prohibits the drug.

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A crowd took to their bongs and joints under the iconic Space Needle after a legalization measure approved by voters took effect in Washington state, although federal law still prohibits the drug.

Dec. 6, 2012C. Nash smokes marijuana in a glass pipe just after midnight at the Space Needle in Seattle. Washington state’s new law decriminalizes possession of up to an ounce of pot for people older than 21. A similar measure goes into effect in Colorado in the coming weeks. However, the U.S. Justice Department warned that the possession, growing or use of the drug remains illegal under federal law.Ted S. Warren/AP

Though the measures violated federal drug laws, Justice had refused to provide any guidance despite requests from both states. But the statement made clear that, at least from Justice’s perspective, federal law should prevail. Under federal law, marijuana is considered a Schedule 1 drug, the same category as LSD and heroin.